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CHAP. CXXXII-An Act to fix the time of holding the circuit and district courts of the United States in the district of Ohio. (a)

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the circuit court of the United States within and for the district of Ohio, instead of the time now fixed by law, shall hereafter be held on the second Monday of July, and the fourth Monday of December, in each year; and the district court of the United States, in and for said district, shall hereafter be held on the Mondays next succeeding the times herein fixed for holding the circuit court; and all suits and matters of every kind returnable to, or pending in, either of said courts, shall be held to be returnable and continued to the terms of said courts herein provided for. APPROVED, May 20, 1826.

STATUTE I.

May 20, 1826.

The time of

holding the circourts of the United States, for the district changed, &c.

cuit and district

of Ohio,

CHAP. CXXXIII. An Act to aid certain Indians of the Creek Nation in their removal to the west of the Mississippi.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the United States will give to each warrior of the nation of Creek Indians, who shall, at any time within two years, remove to the west of the Mississippi, according to article six, in the treaty made and concluded at Washington City, on the 26th day of January, one thousand eight hundred and twenty-six, between the United States and the Creek Indians, one rifle gun and ammunition, a butcher knife, one blanket, one brass kettle, and one beaver trap; and shall further aid them with provisions on the way, and with transportation across the Mississippi river, and other streams; and furnish them with provisions for their support for one year after their arrival in the country which may be set apart for them, to the westward of the territory of Arkansas or state of Missouri; and the United States will pay to all such emigrants, the actual value of all the improvements left by them, and which are of a nature to add to the real value of the land, which is to be ascertained by a commissioner appointed by the President of the United States for that purpose, and paid for as soon as practicable after the passage of this act, not exceeding twenty thousand dollars.

SEC. 2. And be it further enacted, That the agent to be appointed to accompany and reside with the aforesaid emigrating Creeks, according to article eight of the treaty last above mentioned, shall receive an annual salary of fifteen hundred dollars.

SEC. 3. And be it further enacted, That there shall be delivered to the said agent in each and every year, a fair and full proportion of all the annuities heretofore stipulated to be paid to the Creek Indians according to the number of emigrants who may remove; and, to enable the government to divide the annuities fairly, the said agents shall make annual returns of the whole number of such emigrants; and the amount to be paid under the ninth article of the treaty aforesaid, may be extended to any number of emigrants over and above three thousand persons. SEC. 4. And be it further enacted, That, for the purpose of making known the beneficial objects of the government, and for carrying into effect the objects of this act, the agent to be appointed to reside with the emigrating Creeks, shall have full liberty, for the space of two years, to go among the Indians of the Creek nation, and explain to them the policy of the government, and to give to such individuals, families, and

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(a) See notes of the acts passed relating to the circuit and district courts in Ohio. Act of March 4, 1820, ch. 21.

60,000 dollars appropriated to carry this act into effect.

parties, as may determine, from time to time, all the aids which are contemplated by this act; and shall designate a proper place at which the emigrants may cross the Mississippi river; and shall establish depots of provisions at one or more places, under the care of suitable persons, to support them on their march.

SEC. 5. And be it further enacted, That the sum of sixty thousand dollars to be paid out of any money in the treasury not otherwise appropriated, shall be, and the same is hereby, appropriated, to defray the expense of carrying this act into effect.

APPROVED, May 20, 1826.

STATUTE I.

May 20, 1826.

Any goods,

&c., which lawfully might be transported to or from Phila

delphia, &c., by the way of Elkton, &c., shall

be entitled to all the benefits, &c., existing in the case of goods, &c., transported by any of the routes above men

tioned.

CHAP. CXXXIV.—An Act to allow the transportation of goods, wares, and merchandise, to and from Philadelphia and Baltimore, by the way of Lancuster and York, or by the mail-route.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any goods, wares, and merchandise, which lawfully might be transported to or from the city of Philadelphia and Baltimore, by the way of Elkton, Bohemia or Frenchtown, and Port Pen, Appoquinimink, New Castle, Christiana Bridge, Newport or Wilmington, or to and from the city of Philadelphia and Baltimore, by the way of Appoquinimink and Sassafras river, shall, and may be, lawfully transported to and from the city of Philadelphia and Baltimore, by the way of Lancaster and York, or by the mail-route, and shall be entitled to all the benefits and advantages, and shall be subject to all the provisions, regulations, limitations, and restrictions, existing in the case of goods, wares, and merchandise, transported by any of the routes before mentioned.

APPROVED, May 20, 1826.

STATUTE I.

May 20, 1826. CHAP. CXXXV.—An Act to enable the President of the United States to hold a

[Obsolete.] Appropriation to defray the expenses of

a treaty with the Choctaw and Chicasaw

nations of Indians.

Commissioners to be appointed.

treaty with the Choctaw and Chicasaw nations of Indians.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the sum of twenty thousand dollars be, and the same is hereby, appropriated to defray the expenses of treating with the Choctaw and Chicasaw nations of Indians, for the purpose of extinguishing their titles to lands within the limits of the state of Mississippi. The said sum [to] be paid out of any money in the treasury not otherwise appropriated.

SEC. 2. And be it further enacted, That, for the purpose of negotiating said treaty on the part of the United States, the President shall be, and he is hereby, authorized to appoint commissioners after the adjournment of the present session of Congress, or at an earlier period, if practicable, and to fix their compensation, so as not to exceed what has been heretofore allowed for like services.

APPROVED, May 20, 1826.

STATUTE I. May 20, 1826.

The clerks of the district courts are not to summon

a grand jury,

CHAP. CXXXVI.-An Act to regulate the summoning of grand jurors, in the district courts.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, from and after the first day of August next, the clerks of the district courts of the United States shall not issue a process to summon, or cause to be returned to

of the judge.

any session of the said courts, a grand jury, unless by special order of the unless by order district judge.

APPROVED, May 20, 1826.

STATUTE I.

CHAP. CXXXVII.—An Act declaring valid and legalizing certain sales of land May 20, 1826. in the state of Mississippi.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the sales of lands lying in Monroe county, in the state of Mississippi, which have been sold at the land offices of Huntsville, and Tuscaloosa, since the thirtieth of October, eighteen hundred and twenty-two, are hereby legalized and declared valid, as though made at the proper land offices; and that patents be issued for them, in the same manner as for other lands sold at the land offices at Huntsville and Tuscaloosa. APPROVED, May 20, 1826.

Lands lying in Monroe County, Missis

sippi, which

have been sold since Oct., 1822, legalized, &c.

STATUTE I.

CHAP. CXXXVIII.-An Act to extend the time for locating Virginia military land May 20, 1826. warrants, and returning surveys thereon to the general land office.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the officers and soldiers of the Virginia line, on the continental establishment, their heirs or assigns, entitled to bounty lands within the tract of country reserved by the state of Virginia, between the Little Miami and Sciota rivers, shall be allowed until the first day of June, eighteen hundred and twenty-nine, to obtain warrants, and until the first day of June, eighteen hundred and thirty-two, to complete their locations, and until the first day of June, eighteen hundred and thirty-three, to return their surveys and warrants, or certified copies thereof, to the commissioner of the general land office, and to obtain patents: Provided, That no location shall be made by virtue of any warrant obtained after the first day of June, eighteen hundred and twenty-nine, and no patent shall issue in consequence of any location made after the first day of June, eighteen hundred and thirtytwo; And provided also, That no patent shall be obtained, on any such warrant, unless there be produced, to the Secretary of War, satisfactory evidence that such warrant was granted for services which, by the laws of Virginia, passed prior to the cession of the north-western territory, would have entitled such officer, or soldier, his heirs or assigns, to bounty lands; and also a certificate of the register of the land office of Virginia, that no warrant has issued from the said land office for the same services.

SEC. 2. And be it further enacted, That no patent shall be issued, by virtue of the preceding section, for a greater quantity of land than the rank, or term of service, of the officer or soldier to whom or to whose heirs or assigns such warrant has been granted, would have entitled him to, under the aforesaid laws of Virginia; and whenever it appears, to the Secretary of War, that the survey made by virtue of any of the aforesaid warrants, is for a greater quantity of land than the officer or soldier is entitled to for his services, the Secretary of War shall certify, on each survey, the amount of such surplus quantity, and the officer or soldier, his heirs or assigns, shall have leave to withdraw his survey from the office of the Secretary of War, and re-survey his location, excluding such surplus quantity, in one body, from any part of his re-survey, and a patent shall issue upon such re-survey, as in other cases.

SEC. 3. And be it further enacted, That no holder of any warrant,

1830, ch. 73. 1852, ch. 114: 1823, ch. 39. Officers, &c., of the Virginia line, on the

continental establishment, entitled to bounty lands, to be allowed until 1st June, 1829, to obtain warrants, &c.

Proviso.

Proviso.

No patent to

be issued by vir
ceding section,
for a greater
than the rank or
quantity of land
term of service
of the officer,
&c., to whose
heirs or assign-
ees such war-

tue of the pre

rant has been granted, would him to, &c.

have entitled

No holder of

any warrant to
be permitted to
withdraw or re-
move the same,
and locate it in
any other land,
except in cases
of eviction.
Proviso.
1832, ch. 57.

which has been, or may be located, shall be permitted to withdraw or
remove the same, and locate it on any other land, except in cases of
eviction, in consequence of a legal judgment first obtained, from the
whole or a part of the located land, or unless it be found to interfere
with a prior location and survey: nor shall any lands heretofore sold by
the United States, within the boundaries of said reservation, be subject
to location, by the holder of any such unlocated warrant: Provided,
That no location shall, after the passage of this act, be made on lands
for which patents had previously issued, or which had been previously
surveyed, nor shall any location be made on lands lying west of Lud-
low's line, and any patent which, nevertheless, may be obtained, con-
trary to the provisions of this section, shall be null and void.
APPROVED, May 20, 1826.

STATUTE I.

May 20, 1826. [Obsolete.] Repairs of

the Indian

CHAP. CXXXIX. - An Act appropriating a sum of money for the repair of the post-road from the Chatahoochie to Line Creek, in the state of Alabama. Be it enacted by the Senate and House of Representatives of the United the post-road in States of America, in Congress assembled, That the sum of six thousand dollars be, and the same is hereby, appropriated, for the repair of the post-road in the Indian country between the Chatahoochie and Line creek, in the state of Alabama, to be expended under the direction of the Postmaster General, and that it be paid out of any money in the treasury not otherwise appropriated.

country between Chata

hoochie and Line Creek.

APPROVED, May 20, 1826.

STATUTE I.

May 20, 1826. CHAP. CXL.-An Act to perpetuate the evidence relating to the sale of dwellinghouses, lots, and lands, for the non-payment of direct taxes due the United States.

Duty of the Secretary of the Treasury, where sales

have been made to satisfy any di

rect taxes im

posed thereon

by virtue of the laws of the United States.

To cause evidence of proceeding to be preserved.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That, where sales shall have been made of any dwelling-houses, lots, or lands, to satisfy any direct taxes imposed thereon, by virtue of the laws of the United States, the Secretary of the Treasury shall, so far as practicable, cause such of the books, and other documentary evidence relating to the assessment of such taxes, and to the advertising and sale of such houses, lots, and lands, for the non-payment thereof, as may remain in the hands of the assessors and collectors, or their representatives, to be deposited, for safe keeping, in the office of the clerk of the district court of the United States, within whose district such houses, lots, and lands, may lie. APPROVED, May 20, 1826.

STATUTE I.

May 22, 1826. 1830, ch. 36. 1840, ch. 25. 1848, ch. 111. Those, to whom bounty

CHAP. CXLVII.—An Act authorizing certain soldiers in the late war to surrender the bounty lands drawn by them, and to locate others in lieu thereof. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it shall and may be lawful for any soldiers in the late war, or their heirs, to whom bounty lands have been patented, or may hereafter be patented, in the territory of Arkansas, and which land is unfit for cultivation, and who have removed, or shall hereafter remove, to the said territory, with a view to actual settlement on the lands by them drawn-in all such cases, where it shall be made to quantity on any appear, in such manner as the commissioner of the general land office

lands have been patented, in

Arkansas, unfit

for cultivation, to receive in

exchange, a like

shall direct, to the satisfaction of the register and receiver of the proper
district, that the land patented to them is unfit for cultivation, and on the
surrender of the patent to them granted, accompanied with such a release
of their interest as the commissioner of the general land office shall pre-
scribe, such soldier, or his heirs, may locate and enter with the register
of the land office, for the proper district, in the territory of Arkansas,
according to the sectional and divisional lines, the like quantity on any
of the unappropriated public lands in the military district in said terri-
tory; and upon such entry and location being made, it shall be the
duty of the register to issue to the person so locating, a certificate speci-
fying the quarter or half section of land so located and entered; and it
shall be the duty of the commissioner of the general land office, if he is
satisfied such certificate was fairly obtained, to issue a patent for the lands
so located, whenever the certificate aforesaid shall be presented to him
for that purpose. Provided, That before such certificate of location shall
be granted, the applicant shall satisfy the register and receiver that his in-
terest in the land originally patented to him, has not been divested, either
by his own acts, or by the operation of law, for taxes, or otherwise.
And provided, also, That such surrender and re-location shall be made
on or before the first day of January, eighteen hundred and thirty. But,
if said interest shall have been divested in either mode above mentioned,
no title shall be acquired to the land subsequently patented.
APPROVED, May 22, 1826.

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CHAP. CXLVIII.-An Act making appropriations to carry into effect the treaty concluded between the United States and the Creek nation, ratified the twentysecond of April, eighteen hundred and twenty-six.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money not otherwise appropriated, to carry into effect the treaty concluded between the United States and the Creek nation, on the twenty-fourth of January, eighteen hundred and twenty-six, and ratified on the twenty-second of April, eighteen hundred and twenty-six, that is to say: For the payment of the sums to the chiefs and warriors of the Creek nation, stipulated in the third article of the said treaty, in addition to an unexpended balance of one hundred and seventy thousand dollars, appropriated by the act of the third of March, eighteen hundred and twenty-five, and which is hereby directed to be used for the purpose of this act, forty-seven thousand six hundred dollars, both of which sums shall be paid to the chiefs of the Creek nation, to be divided among the chiefs and warriors of said nation, and that the same be done under the direction of the Secretary of War, in a full council of the nation convened upon notice for that purpose.

For the payment of the permanent annuity to the Creek nation, provided for by the fourth article of the said treaty, the sum of twenty thousand dollars.

For the payment of the sum to the friends and followers of General M'Intosh, stipulated for in the ninth article of the said treaty, one hundred thousand dollars.

For the payment of the sum to the Creek nation, stipulated for by the supplemental article to the said treaty, thirty thousand dollars.

For carrying into effect the stipulations of the sixth, seventh, eighth, tenth, eleventh, and sixteenth articles, and to defray all other expenses attending the faithful execution of the provisions of said treaty, one hundred and twenty thousand dollars.

APPROVED, May 22, 1826.

STATUTE I.

May 22, 1826.

[Obsolete.]

Appropriation to carry into effect the treaty between the United States and the

Creek nation.

Payment of the sum to the chiefs and wartion.

riors of said na

March 3, 1825, ch. 16.

Annuity to the Creek nation.

For the payment of the sum to the friends of Gen. M'Intosh. Payment to Creek nation.

For carrying into effect the

stipulations of the treaty.

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